Advocate Bhumeshwar S Pathode

Questions Answered by Advocate Bhumeshwar S Pathode

Q: Wife files case u/s 125 crpc, how to avoid maintenance ?

This is my second marriage (1st wife died) my current wife has filled 125 against me asking 75k per month I'm her 2nd husband 1)she has taken 13lac as one time alimony from her 1st husband 2) in her petition she admit earning a nominal salary of 3k pm from her fathers school 3) she asult my mother booked under 326 324 4) she lock the premises of my classes which is the sole earning way 5)I'm filling 5lac+ b4 2years back now since my classes ruin by her (2years back) now earning 10k per month 6)having a daughter 1yr 10month with her Pls suggest to avoid/reduce the maintenance Thanks

Advocate Bhumeshwar S Pathode answered
You can avoid mentenance totally also. For that you want to prove she left your home without any reason on the part of you. Also she admitted her income source, it also plus point for you. Again she has has taken permanenent alemony from her first husband which show her character hence there is large possibility to deny maintenance to her.

Q: Property theft now recovered by police how to get it back

I lost my phone and got a FIR registered. now police recovered it and got the person as well. How can i recover my goods from the police now?

Advocate Bhumeshwar S Pathode answered
File suprutnama application through lawyer before JMFC who having jurisdiction. You would be get your theft articles. For that take FIR copy, panchnama copy take from police station. And then file such application.

Q: Rape on false promise, what can be done

My case is that I was in a relationship with a Muslim guy for 4 years when I was 17 years old. He promised me and proposed me for marriage when I was 17 and I was not matured at that time so I blindly trusted him and we had physical relationship right from when I was not even 17 years old. At the very first time I even denied however he took me forcefully to his new flat claiming that he will show the new flat. This continued for 4 years. He also used to take money from me every time for petrol or some or the other reason and I also supported him financially. Later on by November 2016, I found him hiding and suspicious so I stopped helping him financially and the moment I stopped supporting, he said that he want to break up now and he was He also insulted my image and character between his friends who later on spread the same to other people which is affecting my social life

Advocate Bhumeshwar S Pathode answered
Lodge report against him at police station and if police does not take cognizance then Lodge report before SP. Then also police does not take cognizance then Lodge complaint before JMF court with the help of your lawyer.

Q: Reasons to reject order 7 rule 11

why order 7 rule 11 can rejected .

Advocate Bhumeshwar S Pathode answered
Under this orderUnder b clausea. This clause is not applicable because it is an part of evidence.d. this clause comes under jurisdiction.a. and c. Are not applicable because every person have right to get justice although he is poor. If suit is under valued then court may recover from plaintiff.

Q: How to recover money from a relative if is denying to pay back

I have lend my mami 2.50lacs 4years back in different mode and she is dead now. My mama knows everything but now he is denying to pay by telling I don't have any idea, but we have all the proof that we paid the money to her. Like this she has taken money from lots if people in village, can someone guide me what best possibilities have that we can do in this case???

Advocate Bhumeshwar S Pathode answered
If you have any written document of calling money to your dead relative and it's time period is not more than 3 years then send a notice for calling money to her heirs and then start legal prosecution against them.